M SARAVANAN; ASIR @ ASIR GUNASINGH; VIJAYAN @ VIJAYAKUMAR AND DR L PRAKASH Vs. STATE REPRESENTED BY V RAJENDRAN, ASSISTANT COMMISSIONER OF POLICE AND STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS

JUDGEMENT

(1.) Dr. L. Prakash, M. Saravanan, Vijayan @ Vijayakumar and Asir @ Asir Gunasingh, who are A-1 to A-4 respectively in Sessions Case No. 9 of 2004 on the file of V Fast Track Court (FTC), Chennai, invoking the jurisdiction under Article 226 of the Constitution of India, have filed the above Habeas Corpus Petitions for quashing of S.C. No. 9 of 2004 pending on the file of the said Court and to set them at liberty since, according to them, the State has foisted false cases against them.

(2.) Mr. R. Karuppan, learned counsel appearing for the petitioners, mainly contended that all the petitioners have been languishing in jail for the past five years. According to him, the petitioners are innocents and since Dr. L. Prakash (A-1) did not accede to the demand of V. Rajendran, Assistant Commissioner of Police, Vadapalani, Chennai, for a bribe of Rs. 5,00,000/-, the cases have been foisted against him and others, who were working under him. He further contended that the respondents curiously filed a Final Report on 20.3.2002 within 90 days, because of which, the petitioners were not granted bail. He also contended that the Additional Final Report filed on 18.02.2003 has been substituted and the respondents have played fraud on the Court.

(3.) Even at the admission stage, we heard Mr. S. Jayakumar, learned Public Prosecutor appearing for the respondents.